Providing Evidence in a Discrimination Attorney Suit By Dan Atkerson on November 06, 2017

Legal contractUnder Texas law, all employees have certain rights, including the right to privacy, the right to fair compensation, and protection from any form of discrimination. Employment discrimination occurs when one worker is treated differently than a similarly qualified worker due to characteristics such as age, gender, race, religion, or sexual orientation. While worker discrimination is a serious offense, it is, unfortunately, difficult to prove.

Employment lawyer Dan A. Atkerson works hard to protect the rights of those who have been discriminated against in the workplace. Mr. Atkerson will present a strong case to the court so that clients can collect the financial compensation they are due. Here, we discuss potential evidence in a discrimination suit so our Plano, TX clients understand how they can strengthen their case and increase the chances of legal decision in their favor.

Proving Employment Discrimination

Before getting into the type of evidence that can be used in a worker discrimination case, let’s look briefly at what must be proven to assert that discrimination took place. During a worker’s discrimination case, Mr. Atkerson will work to prove three main factors:

  1. The employee had the qualifications necessary to perform the job or fulfill the duties of the job
  2. Despite the competence level, the employee was discriminated against
  3. In cases of termination, it must be shown that the dismissal was due solely to discriminatory reasons

To prove these three aspects of an employment discrimination case, evidence will need to be presented. Our attorneys rely on direct and consequential evidence to prove discrimination. Although direct evidence is the best form of proof, it is rare for an employer to directly state that a worker is being discriminated against. In most cases, the majority of evidence will be circumstantial.

Work Communication

Any communication with an employer can be crucial to a worker’s discrimination case. Interwork communications, emails, texts, or phone messages can all be used as evidence to back up a claim of worker’s discrimination. This direct evidence can prevent the court from deciphering he said/she said types of arguments.


Testimony is a powerful form of evidence in an employment discrimination case. It is important to tell your own story. However, it is especially helpful to gather testimony from witnesses. Statements from other employees who were witness to discriminatory words or actions can be crucial in backing up claims of discrimination.

Performance Reports

Employers often conceal discrimination by claiming there were other issues present, such as poor performance. Past performance reports can prove a record of good service. Performance reports of other employees can also be used as means of comparison. If other workers have similar performance reports but were not terminated, that can strengthen a discrimination case.

Job Description

To prove that an employee was meeting expectations, it is important to show a written job description detailing tasks and preferred qualifications. A job description can also help to prove that a potential employee was well-qualified for a denied job or promotion, or that an employee was let go and replaced with someone who had less qualifications for the position. All of this helps substantiate a discrimination claim.

Termination Paperwork

In cases involving termination, it is important to present termination paperwork. Termination paperwork will detail why the employee was let go. With this evidence, it is easier to disprove reported reasons for termination, which will serve as further proof that discrimination was the real reason behind the firing.

Contact Us

If you have been a victim of worker discrimination, it is important to work with an experienced employment lawyer, such as Dan A. Atkerson. Contact us at your earliest convenience to learn more.

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Dan Atkerson

Law Offices of Dan A. Atkerson

Dan A. Atkerson has been protecting the rights of North Texas employees for over nearly four decades. He is affiliated with several prestigious legal organizations, including: 

  • The State Bar of Texas
  • The Dallas Bar Association
  • The United States Court of Appeals Fifth Circuit
  • Texas Supreme Court and all Texas trial and appellate courts
  • Texas federal courts for the Northern and Eastern Districts of Texas

Through aggressive, knowledgeable representation, he has helped clients all over the state reach significant verdicts and settlements. To schedule a consultation at our law firm, request an appointment online or call us at (214) 383-3606.

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